Mukesh Kumar Gupta And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 16309 of 2017 Arising Out of PS.Case No. -4 Year- 2017 Thana -NTPC KHAIRA District- AURANGABAD ======================================================

1. Mukesh Kumar Gupta Son of Lakbi Sah, Resident of Village- Jago Dih, P.S.- Amjhour, District- Rohtas.

2. Sonu Kumar Son of Baldeo Gupta, Resident of Village- Gadhwa, P.S.- Bhairal, District- Gadhwa (Jharkhand).

.... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rani Kumari, Advocate For the Opposite Party/s : Smt. Veena Rani Prasad, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 29-06-2017 Petitioners Mukesh Kumar Gupta and Sonu Kumar were allowed bail on 15.05.2017. There is typographical mistake in the bail petition as well as in the aforesaid order dated 15.05.2017 that the petitioners are in custody since 20.02.2017 whereas they are in custody since 21.02.2017. Prayer is for modification of the order dated 15.05.2017 to the extent that instead of figure of 20.02.2017 the same be read as 21.02.2017.

Learned counsel for the petitioners submits that the learned court below has refused to accept the bail bond only for the aforesaid discrepancy.

If that is a fact the conduct of the court below is not of a Judicial Officer. He should have accepted the bail bond at

Patna High Court Cr.Misc. No.16309 of 2017 (4) dt.29-06-2017 2/2 least provisionally and reported the matter to this Court that he apprehends that there is suppression of fact of one day's custody. The District Judge, Aurangabad shall look into the matter to avoid future lapses.

(Birendra Kumar, J) Kundan/- U T